(1)

Commission Implementing Regulation (EU) 2023/1032 (3) established measures to prevent the introduction into and the spread within the Union territory of Tomato brown rugose fruit virus (ToBRFV) (‘the specified pest’). Those measures were based on Article 30(1) of Regulation (EU) 2016/2031 as that pest was not listed as a Union quarantine pest at that time. The specified pest is transmitted through plants for planting of Solanum lycopersicum L. and hybrids thereof, and of Capsicum annuum L.

(2)

According to reports submitted by several Member States, since the adoption of Implementing Regulation (EU) 2023/1032, the specified pest has widely spread within the Union territory despite the measures set out in that Regulation. Moreover, the updated pest risk analysis of the European and Mediterranean Plant Protection Organization (EPPO) of June 2024 (4) noted that the situation regarding this pest has evolved to such an extent that there has been an increase in its area of distribution worldwide.

(3)

On the basis of the Member States reports and the risk analysis of EPPO, it is concluded that the specified pest is widely present in the Union territory, thus it cannot qualify as a Union quarantine pest or be subject to the measures pursuant to Article 30 of Regulation (EU) 2016/2031. Moreover, it is transmitted mainly through specific plants for planting, and its presence on those plants has an unacceptable economic impact as regards their intended use. Finally, feasible and effective measures are available to prevent its presence on the plants for planting concerned. The specified pest now fulfils all the criteria set out in Article 36 of Regulation (EU) 2016/2031 to be listed as a Union regulated non-quarantine pest. The specified pest should therefore be listed as a Union regulated non-quarantine pest in Annex IV to Commission Implementing Regulation (EU) 2019/2072 (5), with a tolerance threshold of 0 %, and be subject to appropriate measures to prevent its presence on the specified plants.

(4)

Since the specified pest is transmitted through plants for planting of Solanum lycopersicum L. and hybrids thereof, and of Capsicum annuum L., it should be listed, with respect to those plants for planting, in Part F and Part I of Annex IV to Implementing Regulation (EU) 2019/2072, concerning vegetable seeds and vegetable propagating and planting material other than seeds respectively.

(5)

In order to ensure that the seeds of Solanum lycopersicum L. and hybrids thereof, and the seeds of Capsicum annuum L are free from the specified pest, it is appropriate to require that one of the following two requirements is fulfilled: either the seeds originate in a country established by the national plant protection organisation as being free from the specified pest, in accordance with the International Standards for Phytosanitary Measures (ISPM), or those seeds are subject to official testing, or testing by professional operators under official supervision, for the presence of the specified pest upon their entry into, or before they are moved within the Union, and are found to be free from that pest in those tests.

(6)

In order to avoid an excessive destruction of seeds in the case of small seed lots of Solanum lycopersicum L. and hybrids thereof, and of Capsicum annuum L. originating from 30 or less than 30 mother plants, it is appropriate to allow that only mother plants, and not their seeds, be subject to testing.

(7)

In order to ensure that the plants for planting, other than seeds, of Solanum lycopersicum L. and hybrids thereof, and of Capsicum annuum L. are free from the specified pest, it is appropriate to require that one of the following two requirements is fulfilled: either the plants for planting originate in a country established by the national plant protection organisation as being free from the specified pest, in accordance with the International Standards for Phytosanitary Measures or the plants for planting derive from seeds that comply with the requirements laid down in Part E of Annex V to Implementing Regulation (EU) 2019/2072 and have been maintained in appropriate hygiene conditions to prevent infection.

(8)

Plants for planting belonging to varieties of Capsicum annuum L. which are known to be resistant to the specified pest, should not be subject to the requirements of this Regulation and the respective rates of controls, as the respective phytosanitary risk is acceptable and that resistance is sufficiently documented and controlled by the competent authorities.

(9)

Annex XI, Part A, to Implementing Regulation (EU) 2019/2072 lists those plants for which a phytosanitary certificate is required. Since such a certificate should be required for plants for planting of Solanum lycopersicum L. and hybrids thereof and of Capsicum annuum L, it is appropriate to amend that Annex accordingly. Annex XIII to Implementing Regulation (EU) 2019/2072 lists those plants for which a plant passport is required. Since a plant passport should be required for plants for planting of Solanum lycopersicum L. and hybrids thereof, and of Capsicum annuum L., it is appropriate to amend that Annex accordingly.

(10)

In accordance with Article 4(2) of Commission Implementing Regulation (EU) 2022/2389 (6), the frequency rate for identity checks and for physical checks on consignments of plants for planting entering the Union is to be 100 %. Due to the number of interceptions of consignments of plants for planting of Solanum lycopersicum L. and hybrids thereof, and Capsicum annuum L. affected by the specified pest during the last three years, it is appropriate to maintain the derogation from Implementing Regulation (EU) 2022/2389 that is provided for in Implementing Regulation (EU) 2023/1032 regarding the minimum frequency rates of sampling and testing as part of physical checks with regard to that pest. Due to the higher number of interceptions of that pest in those plants originating from Israel and China compared to other third countries, it is appropriate to maintain the higher frequency rates set out in Implementing Regulation (EU) 2023/1032 for consignments containing those plants.

(11)

In view of the risk posed by the specified pest and in order to take into account the evolution of the number of interceptions, the derogation regarding the minimum frequency rates should be of a temporary nature.

(12)

As Implementing Regulation (EU) 2023/1032 is to expire on 31 December 2024, this Regulation should enter into force as soon as possible and should apply from 1 January 2025 in order to avoid any legal gap.

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,